Loading...
HomeMy WebLinkAboutAgreements/Contracts - Central ServicesGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Central Services REQUEST SUBMITTED BY. Tom Gaines CONTACT PERSON ATTENDING ROUNDTABLE. Tom Gaines CONFIDENTIAL INFORMATION: DYES ®NO DATE: 10/17/2024 PHONE: 3276 *Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code El Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders [:]Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes []Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant []Support Letter ❑Surplus Re . q ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB �� • �,FQ Approval of Contract CSD2411 fg for the removal of dead and dying trees at the Y g Grant County Fairgrounds/ Joe's Tree Service / $21,099.00 If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N /A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: � a, DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D1: D2: •0 wr Jy D 3 : 4/23/24 R E-` C E i V E D OCT 17 2024 a 1 GRANT - •�'<.s.•x- -.asr ... ,a.una.�•.xa..�xa�asss.m r •-.�v+.�r.:as.. K24-246 CONTRACT TM S CONTRACT C oatracf% entered by and between GRANT COUNTY, duly organized and operating under and by.the Constitution and the laws of the State of Washington C'CounW% and JOE'S TREE AND LANDSCAPE SERVICE., a limited liability corporation duly formed and doing business in the State of Washington. ("Contractor"), In consideration of the mutual promises and covenants conWimed herein, the parties hereto agree as foii6ws: ark of Contact/Scol) of Work. The Contraotor shall do all work and famish all tools, matefials, equipment, and fliings of every description necessary to complete the tasks and scope of work as per the request for quotes and this contract (CSD241 I fg) for the removal of dead and dying trees at the Grant County Fairgrounds. 'Work" means, all work individually and coUectively p erfonned by the Contractor during the project The Contractor will be responsible for doing all the work to complete the following: a The removal of 30 'Identified trees = the south end of the fairground's property. bL Inel-ades hauling of aU dead material a Includes stump grinding to below surrounding ground level d Includes clean-up of the immediate area -where work is perfon-nedd 2. ProjectSite, The work shall be accomplished upon the -real property commonly known as the, Get County Faixgounds, situated on or about 3953 Airway Dr. NE Moses Lake, Washington, or as may be more specifically directed at the sole discretion of the Comty. 3. Date of Commencement and Date of C2MIefion. The Contractor shall commence the work dcscribed herein upon receiving notice to -proceed from the County begiming at a time mutually agreed upon by the parties after having obtained all necessaay permits/bonds. Substantial completion of the work shall occur by December 111, 2024, unless delays boyond the control of either party cause the date to be extended. This date will not be extended without approval by the Comty, 4. Contract Sum end Terms. The agreed Contract surn, except for provisions set forth below in Paragraph 13, and with payment of such Contract Sum subject to provs'ous set forth below in Paragraphs 8 and 11, a -ad any other provision contained Within the Contract wbich may affect such Contract Sum to be paid to Contractor, is as follows Subtotal $193500.00 Washington State Sales Tax @ 8,2% $12599.00 Total $21.,099.00 Retainage (@10%) $15950.00 Foes tree and landscape sex -vice CSD241 Ug — Page 4 10, a. Retainsize. 10% held for a period of thirty days after date of final acceptance. b. Intents and Affidavits- Statements of intent to pay prevailing wages and affidavits of wages Paid are required to be submitted to Washington State Labor and Industries according to RCW 39-12.0400 t c Paycut Intaval and Billing: The Contractor shall submit a lump sm billi:ftg statement and invoice to the County. Such billing statement and invoice shall set out the nature of the work Perfonned, the time and materials involved. The County v *11 pay such a statement and invoice within thirty (3 0) clays ofreceipt, a 5. Performance and P Bonds- of required for this project. 6. Indemnitv and Hold Harmless. The Contractor shall defend, indeivnify, and hold the County, its officcxs, officials, employees, and volunteers harmless from any claims, m'jun*es, damages, losses, or suits, including attorney fees, arising" out of or, m' connection with the performance of the contract, except for injuries and damages caused by the, sole negligence of the county, It is finther specifically and expressly understood that the indemnificatioa provided herein con8titutes the Contractor's waiver of immunity under Industrial hisurance, title 51 RCW, solely 10 19 for iudemnificatiom The parties bare negotiated this waiver. The provisions of this It A, section shall siumve, the expiration of termination of this contract, 7. Insirance. The Contractor shall procure and maiatain, for the duration of this contract, insumnoe against clafins for injuries to persons or damage to property which may arise from or in connection with the performance of -the work hereunder by the Contractor, its agents, representa&es, employees, or subcontractors. The Contractor shall provide .a Cerdfication of Insurance evidencing: a Automobile LIM insurance with limits no less than $ 1 10 00 000 combined siagle limit per accident for bodily injury and property damago; and b. Commercial General Li insurance written on an occ=mca basis with limits no less than $1,000,000'cornbined single limit per occuueuce, =d $2,000,000 aggregate forpersonal 'Jury, bodilym'jwy, and-proverty damage. Coverage shall M include but not be H-cafted Ao blanket contractual; products/completed operations; broad form property darnage; explosion, collapse, and underground (U) if applicable.; and employer's liability. a Workers Cqmpensation hasurance at the limits established by the State of Washington. Any payment of deductible or sell -insured retention shall be the Coatracto:es sole responsibility. The County shall be :aamed as an additional insured on the Insurance policy concerning work performed by or on bohalf of the Contractor, and a copy of the endorseraent . Joel tree and landscape service CSD241 I% — Pago 4 b. nauung the county as an additional insured shall be attached to the Certificate of Iasurance. The Contractor's insurance shall be the primmy insurance concerning the County, and the I County shall be given ddrty (30) days prior written notice of any cancellation, suspension, or material change in coverage, I P?_)PentS..Withhet d1. The County may withhold or nullify the whole or part of any Payment to such extent as may be necessary to protect the County from loss or damge fax reasons including but not united to; a Work not within the Contract or RFB. h Reasonable evidence that the work required by the Contract cannot be completed for the unpaid balance of the contract sum. c Work by the County to correct defective work or complete the work. d Failure by the Contractor to perfonn work within this Contract or UB or e Cost or liability that may occur to the County due to the Contractor's fault, negligent acts, oromissiom, PROVIDED-. In any ease where part or all of a paymvnt is going to be withheld for unsatisfactory perfonnance, the County shall nWfy the Contractor per RCW 39.76,011 (b)1k Authoritv of C Suppose the Contractor fails to p6rfonn the work according to the, requirements of the Contract Document. In that case, the County shall provide Witten notice of the &,ficiency'to the Contractpr, and the Coiatractor shall havc seven days to correct the deficiency m the work, If the Contractor fails to correct the deficiency M' the work within the seven days or to take and continue A appropriate steps to initiate the corrections in the event correctioiis cannot be reasonably completed in the seven days, the County may, without prejudice to other remedies -A (a) use County forces, other contractors, or other means to make good the Contractor's deficiency, and (b) deduct from or nullify the Contractor's payments the cost of such effort as described in paragraph 8 of this agreemout. 9. Warrantv of Construction. In addition to any special warranties prow"ded elsewhere" the Contract Document and companion or applicable docents, the Contractor warrants that all work conforms to the requirements of the Contract and is free of any defect 'in equipment, maten*al, or design wished or workmanship perfon-ned by the Contractor. Conceming all warranties, express or implied, for work Performed or materials fimished according to the Contract and compawon or applicable documents, the Contractor Shall: a Obtain all w=anties that would be given in standard conunercial practice. I %F h Require all warmnties to be executed, in writing, for the benefit of the County; and a Exiforce all warrahties for the benefit of the County, if directed by to County, A, mcludm`g any subcontractor's,, manufacturer's, or supplier's warranty -that extends beyond thce period specified in the Contract. Foes tree and landscape service CSD241 Ifg, - Page 4 d The obligations under this Section shall survive completion. 10, Successors and Ass ims. 1he County and Contractor regpectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to partners., siiccessors, assigns, and legal representatives of such other part , y regarding covenants, agreements, and obligations contained in the Contract. Neither party shall assign the work without the written consent of the other. If eitherparty attmnpts to assign without such consent, that party shall remain legally responsible for A obligations outlined in the Contract. 11. ChMos in rk. The County may, at any time and without notice to the Contractor's surety, order additions, deletions, revisions, or other changes M' the work. These changes in the work shall be incorporated into the Contract Document through the execution of Chmge Orders.. Suppose any change in the work ordered by the County causes an in-easeor decrease in the Contact Sum or the perfonnance time. In that case, an equitable adjustment shall be made, and such adjustments(s) shah be incorporated into a Change order. If the County desires to order"a change in the work, it may request a written Change Order proposal from the Contractor. The contractor shall submit a Change Order proposal within 14 days of the req aest from the County or within such other period as inutually agreed. The oontractor's Change Order proposal shall include total compmsation for implementing the proposed change in the work, including any adjustme-nt M' the contract sum or time of performance, and inoluding compensatioa for all delays in connection with s-ach change in the work and for any exponse or inconvem*Ietice, disruption of schedule, or loss of efficiency, or productivity occasioned by the change in the work. Upon receipt of the Change Order proposal or a request for equitable adjustxxwnt to the contract sum or tilne of perfon-nance, the County may accept or reject the proposal, request firther documentation, or negotiate acceptable tenus with the Contractor. Pending agreement on the tems of the Change Order, the County may direct the Contractor to proceed immediately with the Change Order work. The contractor &hall not proceed with any change in the work until it has obtained the Cowy's approval. All work done under any county -directed change 141 the work shall be executed per th6 Contract. 12, No . mcv RRelationship. Neither the Contract nor any agreement implied therefrom constitutes the Contractor 'as an agent or legal representative of the County for -my pu`pose whatsoever, and the Contractor's relationship to the County because of the Contract Document shall be that of an independent contractor. The Contractor is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the =-ae ofthe County or to bind the County in any manner or thkg whatsoever, 13, can U cr The contractor shall alway� keep the project site, cludin,,, hauling routes, infrastructures, utilities, and storage areas, free fkom accumulations of waste materials. Before completing the work, the Contractor shall remove its mbbishv tools, scaffolding, equipment, and materials from the premises. Upon completing the Work, the Contractor shall leave the project site in a clean, neat, and orderly condition that is satisfactory to the County. If the Contractor fails to clean up as provided hereffi, and after reasonable notice from the County, Joel tree and landscape service CSD241 I fg — Page 4 the Coujuty may do so, and the cost thereof shall be charged to the Contraotor. 14. Survival. If any clause or provision of this Contract shall be invalid, the remaining clauses and provisions shall nevertheless be and. remain in fall force and effect. 15. ,Entire Aueeinmt. The Contract embodies 'the etifire agreement bet een the parfies; all other agreements, oral or written, are now merged and superseded by the Contract. There are no other agreements which modify or affect the terms hereof No amen&iott hereto shall be binding Mess the terns thereof are in writing and signed by both pardes,, Time is of the essence. No verbal or other agreements modify or affect the Contraot, 16. F,,jplanafion of Documents. The Conttactor has thoroughly reviewed the Contract. The Contractor has had the opporhjWty to consult with legal counsel as to the, legal effect of the Contract. 17, Notices. AM notices requixed under the terms hereof are to be M" writing and delivered personally to the party to receive the same or mailed by regular mail, postage prepm'd to the address speciffied adjacent to the pardes' S'ignatures. All notices shall be deemed served upon delivery thereof or three (3) days following deposit of the notice the U.S. ma as reqwed herein.. i Hea&gs, -Construction. The headings of the sections and paragraphs are M'serted solely for the convenience of the parties. They =not apart of and are not intended to govem, limit, or aid in constmoting any tenn or provision hereof. In construing the parties' intent regarding In this contract, no more significant or stricter construadon of any term or provision hereof shall be asserted against the county as drafter. Govemma.Law ., Venue. The perfonnanciQk a -ad interpretation of the Contraot Document i i�..rrs sMI bo governed and interpreted by the laws of the State of Washington. Any litigation arising from or in conneotion with this Contract shall be conducted in Grant Couuty, Washingtont Ill foes tree and landscape service CSD241 I% — Pagc 4 CONiTRACTOR: Joe's tree a ervi ,gf lan�nape s'ce, LLC. By: Joseph 8�.nvage, Managing Partner r.5 License No. JOESTTL907DE UBI No. 602 991 164 Dated the4, 4"''o # 2024. BOARD OF COUNTY C0i'NEVIISSIONNERS T COUNTY, WASHINGTON Danny Ston.d?Vice-Chair io�4bMn�es.1_.Member ATTEST: Barb#a J.) Vasquez, Clerk of the Board Approved as to form.- 1 1 By r�. c1c7WSBA # 53946' a ;0. leo�Ty�'ro°s`�cutmgmtomey 532-S-/ ep Date: /d � j `712.l�- roes tree and landscape service CSD241 lfg — Page 4